1. The owner or owners of any ditch or canal shall maintain to the
satisfaction of the State Engineer a substantial headgate at or near the
point where the water is diverted, which shall be of such construction
that it can be locked and kept closed by the water commissioner.
2. Such owners shall construct and maintain, when required by the
State Engineer, suitable measuring devices at such points along such
ditch as may be necessary for the purpose of assisting the water
commissioner in determining the amount of water that is to be diverted
into the ditch from the stream, or taken from it by the various users.
3. Every owner or manager of a reservoir located across or upon
the bed of a natural stream or of a reservoir which requires the use of a
natural stream channel shall be required to construct and maintain, when
required by the State Engineer, a measuring device of a plan to be
approved by the State Engineer, below such reservoir, and a measuring
device above such reservoir, on every stream or source of supply
discharging into such reservoir, for the purpose of assisting the State
Engineer or water commissioners in determining the amount of water to
which appropriators are entitled and thereafter diverting it for such
appropriators’ use.
4. When it may be necessary for the protection of other water
users, the State Engineer may require flumes to be installed along the
line of any ditch.
[Part 56:140:1913; A 1947, 518; 1943 NCL § 7941]
1. If any owner or owners of irrigation works shall refuse or
neglect to construct and put in such headgates, flumes or measuring
devices as provided for in NRS 536.010
after 10 days’ notice, the State Engineer may close such ditch, and the
same shall not be opened or any water diverted from the source of supply,
under the penalties prescribed by law for the opening of headgates
lawfully closed, until the requirements of the state engineer as to such
headgate, flume or measuring device have been complied with.
2. If any owner or manager of a reservoir, which reservoir
requires the use of a natural stream channel, shall neglect or refuse to
put in such measuring device after 10 days’ notice by the state engineer,
the state engineer may open the sluice gate or outlet of such reservoir
and the same shall not be closed, under the penalties of the law for
changing or interfering with headgates, until the requirements of the
State Engineer as to such measuring device are complied with.
[Part 56:140:1913; A 1947, 518; 1943 NCL § 7941]
If any person
neglects or refuses to install the headgate, measuring device or flume,
as required by NRS 536.010 , the State
Engineer may, in his discretion, install the headgate, measuring device
or flume, as the case may be, and in the first instance charge the actual
cost thereof to the water distribution account and thereafter present an
itemized statement of the charge to the board of county commissioners of
the county wherein the charge and expenses were incurred. The board of
county commissioners shall thereupon present a bill for the expenses to
the person liable therefor under NRS 536.010 , 536.020 and
536.030 and if that person neglects for
30 days thereafter to pay it, the bill and costs become a lien upon the
lands and property of the person so liable for the payment of the bill,
and must be collected as delinquent taxes against the lands and property
are collected.
[Part 56:140:1913; A 1947, 518; 1943 NCL § 7941]—(NRS A 1979, 670)
EXPENSES OF MAINTENANCE AND OPERATION OF DITCHES
In all cases where ditches are owned by two or more persons, and
one or more of such persons shall fail or neglect to do a proportionate
share of the work necessary for the proper maintenance and operation of
such ditch or ditches, or to construct suitable headgates or other
devices at the point where water is diverted from the main ditch, such
owner or owners desiring the performance of such work may, after giving
10 days’ written notice to such other owner or owners who have failed to
perform such proportionate share of the work necessary for the operation
and maintenance of such ditch or ditches, perform such share of the work,
and recover therefor from such person or persons in default the
reasonable expense of such work.
[79:140:1913; 1919 RL p. 3246; NCL § 7965]
Upon the failure of any co-owner to pay
his proportionate share of such expense, as mentioned in NRS 536.040
, within 30 days after receiving a
statement of the same as performed by his co-owner or co-owners, such
person or persons so performing such labor may secure payment of such
claim by filing an itemized and sworn statement thereof, setting forth
the date of the performance and the nature of the labor so performed,
with the county clerk of the county wherein the ditch is situated, and
when so filed it shall constitute a valid lien against the interest of
such person or persons in default, which lien may be established and
enforced in the same manner as provided by law for the enforcement of
mechanics’ liens.
[80:140:1913; 1919 RL p. 3247; NCL § 7966]
RIGHTS-OF-WAY FOR DITCHES AND FLUMES
1. Any person or persons desiring to construct and maintain a
ditch or flume within any one or more of the counties of this state shall
make, sign and acknowledge, before a person entitled to take
acknowledgments of deeds, a certificate, specifying:
(a) The name by which the ditch or flume shall be known; and
(b) The names of the places which shall constitute the termini of
such ditch or flume.
2. Such certificate shall be accompanied with a plat of the
proposed ditch or flume, and shall be recorded in the office of the
county recorder of the county or counties within or through which such
ditch or flume is proposed to be located. The record of such certificate
and plat shall give constructive notice to all persons of the matters
therein contained.
3. The work of constructing such ditch or flume shall be commenced
within 30 days of the time of making the certificate above mentioned, and
shall be continued with all reasonable dispatch until completed.
[1:100:1866; B § 3852; BH § 362; C § 425; RL § 4710; NCL § 7997]
1. Any person or persons proposing to construct a ditch or flume
under the provisions of NRS 536.060 to
536.090 , inclusive, shall have the
right to enter upon private lands for the purpose of examining and
surveying the same.
2. Where such lands cannot be obtained by the consent of the owner
or owners thereof, so much of the same as may be necessary for the
construction of the ditch or flume may be appropriated by such person or
persons after making compensation therefor, as follows. Such person or
persons shall select one appraiser, and the owner or owners shall select
one, and the two so selected shall select a third. In case the owner or
owners shall from any cause fail, for the period of 5 days, to select an
appraiser as herein provided, then the appraiser selected by the person
or persons proposing to construct the ditch or flume shall select a
second appraiser, and the two so selected shall select a third. In either
case the three selected shall, within 5 days after their selection, meet
and appraise the lands sought to be appropriated, after having been first
duly sworn by a person entitled to administer oaths, to make a true
appraisement thereof, according to the best of their knowledge and
ability.
3. If such person or persons shall tender to such owner or owners
the appraised value of such land, they shall be entitled to proceed in
the construction of the ditch or flume over the lands so appraised,
notwithstanding such tender may be refused; but such tender shall always
be kept good by such person or persons.
4. An appeal may be taken by either party from the findings of the
appraisers to the district court of the county within which the lands so
appraised shall be situated, at any time within 10 days after such
appraisement.
[2:100:1866; A 1869, 129; B § 3853; BH § 363; C § 426; RL § 4711;
NCL § 7998]
The person
or persons constructing or maintaining a ditch or flume under the
provisions of NRS 536.060 to 536.090
, inclusive, shall have the undisturbed
right and privilege of flowing water through the same, to the full extent
of its capacity, for mining, milling, manufacturing, agricultural and
other domestic purposes, and to use the same at any necessary and
convenient point or points along the line thereof; but nothing contained
in NRS 536.060 to 536.090 , inclusive, shall be so construed as to
interfere with any prior or existing claim or right.
[3:100:1866; A 1889, 96; C § 427; RL § 4712; NCL § 7999]
060 to 536.090 ,
inclusive. NRS 536.060 to 536.090
, inclusive, shall apply, and the rights
and privileges therein conferred shall inure, to the benefit of all
persons or corporations who have, prior to March 3, 1866, constructed,
and now maintain, ditches, flumes or aqueducts in this state, from
whatever source they may have procured water, such persons or
corporations being required to make and file the certificate mentioned in
NRS 536.060 , and upon such filing, the
person or persons filing the same shall be authorized, from time to time,
to extend his or their ditch or flume, and proceed to condemn private
property for such ditch or flume, or for any reservoir or reservoirs
connected, or to be used in connection, with such ditch or flume, as
provided in NRS 536.070 .
[4:100:1866; B § 3855; BH § 365; C § 428; RL § 4713; NCL § 8000]
RIGHTS-OF-WAY FOR WASTE DITCHES AND FLUMES
1. Any person or persons who have constructed or who may construct
any ditch or flume for the purpose of diverting the water of any river or
stream in and on to their lands for the purpose of irrigating and
cultivating the same, or who own or control or may own and control any
such ditch or flume, and who have no natural or artificial ditch or way
for conveying off any or all surplus water from such lands shall have the
right to enter upon private lands for the purpose of examining and
surveying the same for the purpose of constructing and maintaining a
waste ditch and the necessary flumes connected therewith.
2. When such lands cannot be obtained by the consent of the owner
or owners thereof, so much of the same as may be necessary for the
construction of the waste ditch and flumes may be appropriated therefor
in the same manner as is provided for the appropriation of lands of
others in NRS 536.060 to 536.090 , inclusive.
[1:80:1887; C § 429; RL § 4714; NCL § 8001]
USE OF STATE LAND
Nothing in this chapter
authorizes a person to use any state land administered by the Division of
State Lands of the State Department of Conservation and Natural Resources
without the appropriate authorization for such a use from the State Land
Registrar.
(Added to NRS by 1993, 1460)
UNLAWFUL DAMAGE TO DITCHES AND FLUMES
1. In a county whose population is less than 100,000, the State
Engineer shall, upon request of the owner of a ditch or a local
governmental entity in whose jurisdiction a ditch is located, investigate
a complaint involving a possible violation of the provisions of NRS
536.120 which involves the ditch if the
ditch is located:
(a) Within the boundaries of an adjudicated stream system for which
the State Engineer has appointed an engineer to work in a supervisory
capacity pursuant to NRS 533.275 ; and
(b) Outside the boundaries of an irrigation district organized
pursuant to chapter 539 of NRS.
2. For any complaint investigated pursuant to subsection 1, the
State Engineer shall:
(a) Prepare a report concerning the investigation, including,
without limitation, the condition of the ditch; and
(b) Make the report available to the person or local governmental
entity that requested the investigation.
3. A person or local governmental entity that obtains a report
pursuant to subsection 2 may submit a copy of the report with any report
of a violation of the provisions of NRS 536.120 that is reported to a law enforcement agency.
(Added to NRS by 2003, 973 )
Every person who shall willfully and
maliciously remove, damage or destroy a ditch or flume lawfully erected
for carrying water or draining land shall be guilty of a misdemeanor.
[Part 1911 C&P § 487; RL § 6752; NCL § 10434]
|
